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Anzualdo Castro and, as a result, it violated the rights to personal liberty, humane
treatment, life and juridical personality, embodied in Articles 7(1), 7(6), 5(1), 5(2),
4(1) and 3 of the American Convention on Human Rights, in relation to the duty to
respect and ensure those rights, contained in Article 1(1) thereof, as well as in
conjunction with Article I of the Inter-American Convention on Forced Disappearance
of Persons, to the detriment of Kenneth Ney Anzualdo Castro, under the terms of
paragraphs 33 to 103 of this Judgment.
2.
The State violated, as a consequence of the forced disappearance of Kenneth
Ney Anzualdo Castro, the right to humane treatment, fair trial and judicial
protection, enshrined in Articles 5(1), 5(2), 8(1) and 25 of the American Convention
on Human Rights, in conjunction with the duty to respect and ensure those rights
and to adopt domestic legal provisions, contained in Articles 1(1) and 2 thereof and
I.b) and III of the Inter-American Convention on Forced Disappearance of Persons,
to the detriment of Félix Vicente Anzualdo Vicuña, Iris Isabel Castro Cachay de
Anzualdo, Marly Arleny Anzualdo Castro and Rommel Darwin Anzualdo Castro, under
the terms of paragraphs 104 to 169 of this Judgment.
3.
The State did not violate the right to freedom of thought and expression,
recognized in Article 13 of the American Convention on Human Rights, based on the
reasons expressed in paragraphs 116 to 120 of this Judgment.
AND ORDERS:
Unanimously that:
4.
This Judgment is, per se, a form of redress.
Unanimously that:
5.
The State must effectively conduct the criminal proceedings in process and
any future proceeding in relation to the forced disappearance of Kenneth Ney
Anzualdo Castro, to determine, within a reasonable time, the perpetrators and
instigators who are responsible for the facts of this case and effectively impose the
punishments and consequences according to the law, for which it must remove all
obstacles, both factual and legal, that hinder the appropriate investigation into the
facts and shall not apply any law or domestic legal provision, present or future, to
escape from this obligation, under the terms of paragraphs 179 to 183 of this
Judgment.
Unanimously that:
6.
The State shall immediately proceed to search for and locate Kenneth Ney
Anzualdo Castro or, if applicable, his mortal remains, by means of the criminal
investigation or any other adequate and effective procedure under the terms of
paragraphs 185 of this Judgment.
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